The voting rights of Japanese citizens living abroad

International Journal of Constitutional Law

Volumn 5, Issue 2, 2007, Pages 332-342

  Matsui, Shigenori ^a  

^a UNIVERSITY OF BRITISH COLUMBIA   (Canada)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 34247260428     PISSN: 14742640     EISSN: 14742659     Source Type: Journal    
DOI: 10.1093/icon/mom012     Document Type: Article

References (42)

1. MINSHU 2087 (Sup. Ct., Sept. 14, 2005).
2. KENPO, art. 43.
3. KENPO, art. 15, §1.
4. KENPO, art. 15, §3.
5. KENPO, art. 14, §1.
6. KENPO, art. 44.
7. Public Offices Election Act, §42, subsection 1.
8. Id. at §21, subsection 1.
9. Some Japanese living abroad chose to maintain their residence in Japan while actually living outside the country. Those Japanese are still registered on the Resident Registration List and are eligible to vote in the election if they fly back to Japan to vote. It must be added that, in Japan, an absentee ballot system exists but this system is designed for voters who are not able to cast a ballot on the voting day, allowing them to cast a ballot in advance. It was not designed for those voters living abroad.
10. See, e.g., Japanese Overseas Voters Association's web page, at http://www.wakao.com/jova.
11. The selection of members of the House of Representatives is now a combination of voting in single-member election districts and election by proportional representation. Of a total of 480 representatives, 300 are to be elected in single-member election districts, and 180 are to be chosen by proportional representation in 11 blocs from around Japan. The voter thus casts two separate votes - one for a candidate in his or her election district, the other for a political party for a proportional representation vote. Likewise, the election for the 242 members of the House of Councillors has 146 elected from districts and 96 chosen by proportional representation at large. The election districts correspond to forty-seven prefectures. The term of office for councillors is six years, and half are to be elected every three years; each prefecture has two to ten councillors. At the time of election, therefore, one to five councillors are chosen in each election district. It must be noted, however, that the voter votes for just one preferred candidate in each election district even when several councillors are to be elected in that district. The voter casts two votes, one for a candidate in that election district and another toward the proportional representation total. Prior to the 2000 amendment, the voter had to vote for a particular political party for proportional representation. Since the amendment, the latter vote may be cast for a particular candidate on a slate prepared by the political party or simply for the party.
12. The plaintiffs invoked article 14, article 15, sections 1 and 3, article 43, and article 44 of the Constitution. They also invoked article 25 of the International Covenant on Civil and Political Rights. Yet, as discussed below, the Supreme Court did not address this argument so I will not go into it here.
13. 1705 HANREI JIHO 50 (Tokyo D. Ct., Oct. 28, 1999).
14. 39 MINSHU 1512 (Sup. Ct., Nov. 21, 1985).
15. 1088 HANREI TAIMUZU 133 (Tokyo High Ct., Nov. 8, 2000).
16. KENPO, art. 15.
17. KENPO, art. 44.
18. Supra note 14.
19. KENPO, art. 15.
20. See Masami Koshiji, Constitutional Issues Concerning the Franchise, in FIVE DECADES OF CONSTITUTIONALISM IN JAPANESE SOCIETY 133 (Yoichi Higuchi ed., Univ. Tokyo Press 2000).
21. KENPO, art. 14.
22. KENPO, art. 44.
23. Id.
24. KENPO, art. 47.
25. 53 MINSHU 1577 (Sup. Ct., Nov. 10, 1999)
26. 53 MINSHU 1704 (Sup. Ct., Nov. 10, 1999).
27. 9 KEISHU 217 (Sup. Ct., Feb. 9, 1955).
28. Supra note 14.
29. 30 MINSHU 223 (Sup. Ct., Apr. 14, 1976).
30. 39 MINSHU 1100 (Sup. Ct., July 17, 1985).
31. 47 MINSHU 67 (Sup. Ct., Jan. 20, 1993).
32. 49 MINSHU 1443 (Sup. Ct., June 8, 1995).
33. The 1994 amendment altered the election system for members of the House of Representative to a combination of single-member districts and proportional representation. A similar kind of discrepancy has existed with respect to allocation of single-member districts. The Supreme Court held that the maximum discrepancy among districts of 1 to 2.31 was not unreasonable. 53 MINSHU 1441 (Sup. Ct., Nov. 10, 1999).
34. HIROSHI ITOH, THE JAPANESE SUPREME COURT: CONSTITUTIONAL POLICIES (Markus Wiener 1989).
35. 1415 SAIBANSHO JIHO 10 (Sup. Ct., July 13, 2006).
36. KENPO, art. 81.
37. KENPO, art. 76.
38. 6 MINSHU 783 (Sup. Ct., Oct. 8, 1952).
39. See HIDENORI TOMATSU, KENPOUSOSHOU [CONSTITUTIONAL LITIGATION] 152 (Yuhikaku 2000).
40. But see text accompanying note 37.
41. Among 720,000 eligible voters living abroad, only 80,000 were actually registered in the 2005 election, http://www.soumu.go.jp/s-news/2005/pdf/ 050902_6.pdf, and some 20,000 actually voted in the election, http://www.soumu.go.jp/senkyo/pdf/h17sousenkyo_050911_02_03.pdf.
42. Once registered, the overseas voter receives an overseas voter's certificate, which he or she can bring, together with a passport, to the Japanese consulates to vote. The voter can also request a ballot from the municipal election commission and return it by mail. Because either of these courses places a burden on the voter, it would be more desirable for overseas voters, upon registration, to be automatically sent a ballot that they can return by mail.